ACCEPTED
`13-23-00272-cv
`THIRTEENTH COURT OF APPEALS
`CORPUS CHRISTI, TEXAS
`8/1/2023 5:35 PM
`Kathy S. Mills
`CLERK
`
`CAUSE NO. 13-23-00272-CV
`
`IN THE THIRTEENTH DISTRICT COURT OF APPEALS
`CORPUS CHRISTI - EDINBURG, TEXAS
`
`Novus Prime Properties, LLC v. Space Exploration Technologies Corp.
`
`APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO
`FILE APPELLATE BRIEF
`
`ON APPEAL FROM THE 107th JUDICIAL DISTRICT COURT OF
`CAMERON COUNTY, TEXAS
`HONORABLE BENJAMIN EURESTI, JR., JUDGE PRESIDING
`
`To the Honorable Thirteenth Court of Appeals:
`
` Pursuant to Texas Rule of Appellate Procedure 38.6(d), Appellant, NOVUS
`
`PRIME PROPERTIES, LLC., hereinafter referred to as “NOVUS,” by and through
`
`its appellate counsel of record, and files this motion respectfully requesting an order
`
`extending the time to file Appellant’s appellate brief, and respectfully show the
`
`Honorable Court the following:
`
`1. The deadline for filing appellant’s appellate brief in this Court is Monday,
`
`August 7th, 2023.
`
`2. Appellant seeks an order extending the time for filing appellant’s appellate
`
`brief for fourteen (14) day, so that appellant’s appellate brief would be due for
`
`filing before this Court on Monday, August 21, 2023.
`
` FILED IN
`
` 13th COURT OF APPEALS
`
`CORPUS CHRISTI/EDINBURG, TEXAS
`
` 8/1/2023 5:35:04 PM
`
` KATHY S. MILLS
`
` Clerk
`
`
`13-23-00272-cv
`THIRTEENTH COURT OF APPEALS
`CORPUS CHRISTI, TEXAS
`8/1/2023 5:35 PM
`Kathy S. Mills
`CLERK
`
`CAUSE NO. 13-23-00272-CV
`
`IN THE THIRTEENTH DISTRICT COURT OF APPEALS
`CORPUS CHRISTI - EDINBURG, TEXAS
`
`Novus Prime Properties, LLC v. Space Exploration Technologies Corp.
`
`APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO
`FILE APPELLATE BRIEF
`
`ON APPEAL FROM THE 107th JUDICIAL DISTRICT COURT OF
`CAMERON COUNTY, TEXAS
`HONORABLE BENJAMIN EURESTI, JR., JUDGE PRESIDING
`
`To the Honorable Thirteenth Court of Appeals:
`
` Pursuant to Texas Rule of Appellate Procedure 38.6(d), Appellant, NOVUS
`
`PRIME PROPERTIES, LLC., hereinafter referred to as “NOVUS,” by and through
`
`its appellate counsel of record, and files this motion respectfully requesting an order
`
`extending the time to file Appellant’s appellate brief, and respectfully show the
`
`Honorable Court the following:
`
`1. The deadline for filing appellant’s appellate brief in this Court is Monday,
`
`August 7th, 2023.
`
`2. Appellant seeks an order extending the time for filing appellant’s appellate
`
`brief for fourteen (14) day, so that appellant’s appellate brief would be due for
`
`filing before this Court on Monday, August 21, 2023.
`
` FILED IN
`
` 13th COURT OF APPEALS
`
`CORPUS CHRISTI/EDINBURG, TEXAS
`
` 8/1/2023 5:35:04 PM
`
` KATHY S. MILLS
`
` Clerk
`
`
`
`3. Appellant request this extension of time to file its appellate brief because:
`
`a. For two out of the three weeks during the current appellate briefing time
`
`schedule, Appellant’s appellate counsel’s, Gustavo A. Grajales, trial
`
`and contested hearing schedule was set and is set as follows:
`
`i. Preparing for a final hearing on a contested motion for a felony
`
`examining trial in Cause No. 2023-XMG-0714 on August 4,
`
`2023;
`
`ii. Preparing for a final hearing on a contested extradition in 2023-
`
`DHC-01908 on August 4, 2023;
`
`iii. Preparing for a contested writ of habeas corpus in Cause No.
`
`2023-CV-0235-A on July 25, 2023;
`
`iv. Preparing for a final hearing on a contested civil asset forfeiture
`
`in Cause No. 2021-CV-0506-A on July 25, 2023.
`
`b. Appellant seeks an extension of time which is no longer than necessary
`
`for it to complete its brief in the light of the aforementioned contested
`
`trial and hearing schedule.
`
`4. This Court has granted zero (0) previous extensions regarding the filing of this
`
`brief.
`
`5. On August 1, 2023, the 107th Judicial District Court granted a continuance on
`
`the jury trial setting until December 2023.
`
`
`
`6. On August 1, 2023, via email, Mr. Grajales confirmed with Appellee’s
`
`counsel, Francisco J. Orozco, Jr., that Appellee is unopposed to Appellant’s
`
`motion.
`
`7. The extension of time requested will not prejudice or inconvenience Appellee
`
`in any manner.
`
`Prayer for Relief
`
`8. Therefore, Appellant respectfully requests that the Honorable Court issue an
`
`order extending the time for filing the appellant’s brief in the above case to
`
`Monday, August 21, 2023.
`
`Respectfully submitted,
`
`The Law Office of
`Gustavo A. Grajales, PLLC
`
`By:/s/ Gustavo A. Grajales
`Gustavo A. Grajales
`905 E. Los Ebanos Blvd., Suite D
`Brownsville, Texas 78520
`Tel: (956) 280-5787
`Fax: (956) 546-2235
`State Bar No. 24104715
`gusgrajaleslaw@gmail.com
`Attorney for Appellant
`NOVUS PRIME, LLC.
`
`
`
`
`
`
`
`
`
`
`
`
`
`MBMT LAW FIRM
`1201 E. Van Buren
`Brownsville, Texas 78520
`Ph. (956) 550-4868
`Fax (956) 621-0135
`Tomas F. Tijerina
`State Bar No. 24070746
`ttijerina@mbmtlawfirm.com
`Benigno (Trey) Martinez
`State Bar No. 00797011
`trey@mbmtlawfirm.com
`
`
`CERTIFICATE OF CONFERENCE
`
` I certify Appellant’s counsel, Gustavo A. Grajales, conferred with opposing counsel via
`
`telephone call concerning the matters raised in this motion on Monday July 31, 2023 and via email
`
`on Tuesday August 1, 2023. The parties could agree to this motion, which is therefore unopposed.
`
`
`
`
`
`/s/ Gustavo A. Grajales
`Gustavo A. Grajales
`
`
`CERTIFICATE OF SERVICE
`
` I hereby certify that a true and correct copy of the above and foregoing instrument was provided
`to all counsel via Email, Facsimile, Certified Mail Return Receipt Requested, Regular Mail and/or
`Express Carrier on August 1, 2023.
`
`VIA E-SERVICE
`Francisco J. Orozco, Jr.
`Sanchez, Whittington, Wood & Orozco, LLC
`3505 Boca Chica Blvd., Suite 100
`Brownsville, Texas
`Email: forozco@southtexaslegal.com
`
`
`
`
`
`/s/ Gustavo A. Grajales
`Gustavo A. Grajales
`
`
`
`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the persons listed below. The rules governing
`certificates of service have not changed. Filers must still provide a
`certificate of service that complies with all applicable rules.
`Benigno Martinez on behalf of Tomas Tijerina
`Bar No. 24070746
`trey@mbmtlawfirm.com
`Envelope ID: 78107735
`Filing Code Description: Motion
`Filing Description: Appellant's Unopposed Motion for Extension of Time to
`File Appellate Brief
`Status as of 8/2/2023 8:14 AM CST
`
`Associated Case Party: Novus Prime Properties, LLC
`
`Name
`Samantha Garza
`Mayra Sanchez
`Benigno (Trey) Martinez
`Tomas Tijerina
`Andrea Espinoza
`Stephanie Contreras
`Gustavo A.Grajales
`
`BarNumber Email
`sam@mbmtlawfirm.com
`mayra@mbmtlawfirm.com
`trey@mbmtlawfirm.com
`ttijerina@mbmtlawfirm.com
`andrea@mbmtlawfirm.com
`stephanie@mbmtlawfirm.com
`gusgrajaleslaw@gmail.com
`
`TimestampSubmitted
`8/1/2023 5:35:04 PM
`8/1/2023 5:35:04 PM
`8/1/2023 5:35:04 PM
`8/1/2023 5:35:04 PM
`8/1/2023 5:35:04 PM
`8/1/2023 5:35:04 PM
`8/1/2023 5:35:04 PM
`
`Status
`SENT
`SENT
`SENT
`SENT
`SENT
`SENT
`SENT
`
`Case Contacts
`
`Name
`Francisco Orozco
`Ana Hernandez
`
`BarNumber Email
`forozco@southtexaslegal.com
`ahernandez@southtexaslegal.com
`
`TimestampSubmitted
`8/1/2023 5:35:04 PM
`8/1/2023 5:35:04 PM
`
`Status
`SENT
`SENT
`
`
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